Work Time FlexibilityValerie Baricua

IR 207.1

September 24, 2016

Aspects of Working Time Flexibility

•Compressed Workweek

•Telecommuting

•Part-Time Work

•Night Work

Compressed Work WeekDOLE Advisory on Compressed Work Week

Overview

• Implementing various work arrangements for coping and remedial mechanisms in times of economic difficulty or national emergency.

• As a better alternative to outright termination of employees or total closure of the establishment.

• Voluntary basis; conditions have to be mutually acceptable to both employee and employer.

Overview

• Alternative arrangements or schedules other than the traditional or standard work hours, workdays, and workweek.

• The effectivity and implementation of any of the flexible work arrangements shall be temporary in nature.

Definitions

• Reducing the normal work week to less than six (6) days but the total number of 48 work-hours per week shall remain. The normal workday is increased to more than eight hours but not to exceed twelve hours, without corresponding overtime premium

• Reduction of Workdays refers to one where the normal workdays per week are reduced but should not last for more than six months.

Definitions

• Rotation of workers refers to one where the employees are rotated or alternately provided work within the workweek.

• Forced leave refers to one where the employees are required to go on leave for several days or weeks utilizing their leave credits if there are any.

• Broken-time schedule refers to one where the work schedule is not continuous but the work-hours within the day or week remain.

• Flexi-holidays schedule refers to one where the employees agree to avail the holidays at some other days provided there is no diminution of existing benefits as a result of such arrangement.

Notice Requirement

• Prior to implementation, the employer shall notify the Department through the Regional Office the adoption of any of the aforementioned flexible work arrangements.

• The regional office shall conduct an ocular visit to validate whether the adoption is in accordance of the department advisory.

Telecommuting

We Live In the Telecommuting Age

• The biggest change to working practices since the industrial revolution.

• It is a relatively new way of doing work by computer, telephone, fa, email, and other electronic data transfer equipment.

• The act of performing work at a site remote from the employee. The internet allows this new distance employment to flourish.

• The internet allows anyone with a telephone and a computer to connect anywhere in the world, fast and cheap.

Definition

• Telecommuting is a work arrangement in which employees do not commute or travel physically to a central place of work to reduce commuting time.

• Telecommuters often use mobile telecommunications technology such as wi-fi equipped computers, smartphones and such, to work in coffee shops, or at home.

• “Work is what we do, not where we are.”

Definition

• Flextime: implementing a flexible work schedule that allows workers to alter workday start and finish times:

•A Core period of the day during which employees are required to be at work, and a

•A Bandwidth period within all required ours must be worked.

Implications to Work Hours

• Since work hours are less regulated, employee effort and dedication are far more likely to be measured purely in terms of output or results.

• Hours spent on the job tend to be underestimated, and expenses under-reported, creating overly optimistic figures of productivity gains and savings.

Part-Time WorkDOLE Explanatory Bulletin on Part-Time Work

January 2, 1996

The Emergence of Part-Time Work

• Technological progress, improved production methods, division of labor

• Scheduling and staggering of working time seen as new trends in work, with part-time work being the most common.

• Applicability of the labor code provisions on conditions of employment and security of tenure of part-time workers.

• Hours of work are among the main parameters for entitlement to statutory benefits

Definition

• A single, regular, voluntary form of employment with hours of work substantially shorter than… normal to the establishment, except when irregular, temporary or intermittent, or temporarily reduced for economic, technical or structural reasons (ILO).

• The two most common and acceptable part-time schedules

Four (4) hours per day and weekend work,

Two (2) full days per week.

Payment of Statutory Benefits

• The employer may proportionately decrease the daily wage and wage-related benefits granted by law.

• The employer is not obliged to pay an work less than 8 hours, the wages due for 8 hours, unless stipulated by a policy or agreement otherwise.

• Entitled to overtime pay in excess of 8 hours.

• Entitled to holiday pay.

• Special days for “no work no pay”. If worked, premium of at least 30% is mandated.

Service Incentive Leaves• Five days with pay per year of service, whether the service within 12

months is continuous or broken, or where the working days as a matter of practice is less than 12 months.

• Part timers should be regular in status after working the total number of hours or days which completes a six-month probationary period of a full-time worker.

• Once regularized, entitled to security of tenure, and can only be separated for just or authorized cause and after due process.

Regularization

Separation/Retirement

• If contract is fixed period, they are entitled to tenure rights during the entire period of their fixed contract. Termination only allowed with just cause.

• Termination for authorized causes requires payment of severance compensation, termination pay, and written notice be served.

• Retirement compensation is also provided.

Night WorkRules and Regulations on Night Work

Articles 154-161 in the Labor Code of the Philippines

Definition

• Applies to all persons who shall be employed or permitted or suffered to work at night during a period of seven (7) consecutive hours, including the interval of 12am to 5am tbd by the secretary of labor

• Night Worker – an employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit tbd by the secretary of labor.

Health Assessment

• At their request, workers have the right to undergo a health assessment without charge and receive advice on how to reduce or avoid health problems with their work• Before taking up an assignment as a night worker

• At regular intervals during such an assignment

• If they experience health problems during such an assignment which are not caused by other factors

Medical results cannot be used to their detriment

Mandatory Facilities

• Suitable first-aid facilities shall be made available for workers performing night work, including arrangements where workers can be taken to a place for appropriate treatment when necessary.

• Employers are required to provide safe and healthful working conditions and adequate facilities such as sleeping quarters and transportation from the work remises to the nearest point of their residence.

Transfer

• If deemed as unfit for night work due to health reasons, night workers shall be transferred to a similar job for which they are fit to work.

• If not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period.

• A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal.

Women Night Workers

• Alternative to night work shall be ensured for women workers• Before and after childbirth, for a period of at least 16 weeks divided before

and after childbirth

• For additional periods as necessary for the health of the mother or child, with a medical certificate.• During pregnancy,

• During a specified time determined by DOLE

• A woman worker shall not be dismissed except for just or authorized causes that are not connected to pregnancy, childbirth or childcare responsibilities

Women Night Workers

• A woman worker shall not lose the benefits regarding status, seniority, and access to promotion attached to her regular night work position

• Pregnant and nursing mothers may be allowed to work at night only by a competent physician

• Provisions in this article may include transfer to day work, social security services, or an extension of maternity leave.

Compensation

• Compensation in the form of working time, pay, or benefits shall recognize the exceptional nature of night work

• Appropriate social services shall be provided to night workers and workers performing at night

• Night worker schedules have to be consulted with workers’ representatives before implementation.